Purchase Agreement
WHEN YOU
COMPLETE YOUR PURCHASE, YOU, THE BUYER, ARE
CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS
OF THIS
AGREEMENT. WHICH INCLUDES A ZERO REFUND POLICY.
THAT IS NO REFUNDS ARE OFFERED.
THIS AGREEMENT
IS A CONTRACT. UNDER
THE TERMS OF THE CONTRACT YOU RECEIVE
CERTAIN RIGHTS DUE YOU FROM THE SELLER AND YOU, IN TURN, GIVE THE
SELLER
CERTAIN RIGHTS THAT AFFECT YOU. THIS
CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR
RIGHTS ABOUT
REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER.
YOU MUST ACCEPT
THESE TERMS OR THE SELLER WILL NOT TRANSACT
BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR MEMBERSHIP TO YOU, AND
YOUR
ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.
YOUR PLEDGE OF
AN UNDERSTANDING OF THIS CONTRACT AND
ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A
MATERIAL
PART OF THE LEGAL CONSIDERATION THAT THE SELLER REQUIRES FROM YOU AS A
CONDITION OF
PARTIES
TO THIS AGREEMENT AND DISCLAIMER
The parties to this agreement are the website or its owners, hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER". Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as "THIRD PARTY OR THIRD PARTIES." The recipient of the product herein sold, where said product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as 'RECIPIENT".
SUBJECT
MATTER OF THIS PURCHASE AGREEMENT
The subject
matter of this agreement is a product, service,
or membership described in promotional or sales materials on this
website
and/or in an email referencing this website, and said website and/or
email and
its contents are incorporated herein by reference and made a part
hereof and
constitute a complete description of the product, service or membership
that is
the subject matter of this Purchase Agreement.
This bundle of offerings, including additional items
promoted on the
order page, shall, together, be termed 'product' throughout this
agreement but
the word 'product' shall mean all elements offered in the sale, whether
digital, dimensional, or other license or right, and include all sales
or
promotional materials.
REFUND
POLICY
The product
referenced herein is sold with no refund.
RIGHTS
AND OBLIGATIONS OF THE BUYER
The Buyer must
pay the full consideration for this product
that the Seller requires as the total price of the product. This consideration
includes not only the
purchase price, but other obligations that the Buyer accepts as well as
potential rights the Buyer agrees to forego.
By accepting this Purchase Agreement, the Buyer agrees to
receive
continuing follow-up contact from the Seller including email, mail,
newsletters, product updates, product recall notices, product
improvements,
telephone calls from the Seller and/or telemarketing organizations
and/or
pollsters for the purpose of solicitation related to the instant
product or any
other product or service.
Buyer agrees
to post-sale contact from joint venture partners of the Seller or from
others
who have a commercial relationship with the Seller.
Buyer agrees that all personal information
about the buyer or his or her buying habits and preferences, including
address
and phone number, may be placed in a general database and agrees that
this
information may be shared, rented or sold to third parties. However, Buyer
shall at all times be fully
empowered to sever contact with the Seller by notification using the
'unsubscribe' link in solicitations.
Moreover, the Buyer retains the right to refuse specific
contact with
some third party solicitors and maintain it with others. The Buyer retains the
right to have his or
her name removed from a general solicitation database.
The Buyer's agreement to accept solicitation
and contact may be reduced, enhanced, limited or terminated by
notification to
anyone contacting the Buyer.
The burden
is on the Buyer to prove that such communication was made to and
received by
the person making contact. Buyer
agrees
that Seller is not liable for communications made to the Buyer by
parties
unrelated to this purchase even though referred by the Seller. Buyer accepts full
responsibility for
limiting unsolicited contact and Buyer understands that he retains all
rights
to directly restrict communication or solicitation from any party
including the
Seller.
The Buyer
agrees to allow the Seller to collect, store, and
use for marketing purposes all information collected from, provided by
or
otherwise ascertained by electronic means from the Buyer. The Buyer, specifically,
and as part of the
consideration paid for this product, waives all right to access,
retrieve, or
control such information except that the Buyer retains the right to
restrict
contact as described previously.
The Buyer
understands that cookies may be placed on his or
her hard drive that will provide information to the Seller and which
are
necessary for delivering an e-product and which will be able to
determine if
you retain the right to access the product.
Buyer understands that these cookies or other computer
codes will reside
on the hard drive and will communicate at times with the Seller's
computer and
thereby transmit and receive information.
Buyers living
in locations that require custom duties and/or
VAT taxes to be collected understand that, unless custom duties are
collected
at the point of sale by the Seller, the Buyer remains responsible for
payment
of custom duties and taxes at the time the product is received. If it should happen that
the Seller's courier
or freight account is charged for custom duties and tax, instead of the
Buyer
paying referenced charges, then the Buyer hereby authorizes the Seller
to bill
the Buyer's credit card for said charges or for the return of goods if
they are
refused at the point of destination.
CREDIT
CARD CHARGES AND CREDIT CARD FRAUD PENALTIES
Buyer warrants
that he or she is over 18 years of age, not
subject to the Child Online Privacy Act, of legal age to enter into
contractual
agreements in the state in which he is present when he makes this
purchase, and
is the true and authorized owner of the credit card used to make this
purchase. Any Buyer
who violates any of
these requirements may be liable for civil or criminal prosecution and
agrees
to pay liquidated damages of an amount the equivalent of US$10,000 per
fraudulent transaction, plus actual damages, and agrees that all
information
collected by this website may be used for prosecution and may be turned
over to
law enforcement agencies or to credit card companies and merchant
service
providers.
If the true
and/or authorized owner of the credit card
attempts to commit fraud upon the Seller, he authorizes each and every
credit
card company or merchant service provider to disclose to the Seller all
information
that could be construed as proof of credit card fraud.
Any Buyer who
attempts to perpetrate a fraud upon Seller
involving the use of a credit card herewith gives authorization for the
Seller
to access all credit information about the Buyer from credit reporting
agencies
and also authorizes the Seller to discover all relevant information
from any
source about the fraudulent practices of the Buyer and to reveal such
information to credit reporting agencies, credit card companies,
merchant
service providers, and law enforcement agencies.
Buyer agrees
that if he uses trickery to receive more than
one refund, or if he causes a fraudulent dispute claim that results in
a
chargeback against the Seller's account, that the Seller is authorized
to
re-charge the Buyer's credit card that was used for the original
purchase to
the extent that will make the Seller whole.
Buyer agrees to, in addition to actual damages, pay to the
Seller
liquidated damages of an amount equivalent to US$10,000 for every
separate fraudulent
action Buyer commits.
GUARANTEE
AND WARRANTY
This product is
sold 'as is' without warranty or guarantee
of any kind.
ASSUMPTION
OF RISK
Buyer
agrees to accept all risk associated with the use of this product,
including but not limited to, ingestion of or application to Buyer's
person,
the use of the product personally or in business, all taxes and
regulations
applicable to this product, all legal compliance issues related to this
product. Buyer
warrants an understanding
that the Seller is disclaiming all liability from harm of any kind or
nature
caused directly or indirecty from this product.
Buyer agrees, as part of the consideration required to
purchase this
product, to carefully review and test this product during the refund
period and
to immediately request a refund if the product is not satisfactory.
LIMITATION
OF LIABILITY AND DISCLAIMER
Buyer warrants
an understanding, as required consideration,
that the Seller of this product disclaims all liability for the product
or
damages resulting from use or installation or reliance upon this
product for
any reason. Buyer
alone accepts full
responsibility for allowing others to use this product.
Buyer understands that Seller disclaims
liability for any information contained in sales or promotional
materials or
the product itself that is unintentionally misleading or incorrect that
might
cause damage to Buyer.
Buyer expressly
waives any and all claims for consequential,
speculative, and unforeseeable damages resulting from the purchase or
use of
this product or from subsequent contact with Seller or Third Parties.
Buyer expressly
agrees that no matter what may happen
because of his or her purchase of this product, or no matter what
damage may be
allegedly or actually caused by the use of this product, or no matter
the harm
or damage that may result directly or indirectly from the purchase of
this
product, for any reason whatsoever, that the absolute maximum extent of
Seller's liability shall be an amount no greater than the purchase
price of the
product.
Buyer agrees
and understands that, Seller, specifically but
not exclusively, disclaims liability for all damage to Buyer's person
or
business by using this product, including harm to buyer's computer
hardware or
software from worms, viruses, or other defects in the product or
computer codes
that cause harm. Seller
disclaims
liability for Buyer's interaction with Third Party soliciting agents
who were
provided 'leads' by the Seller. Seller
disclaims liability for Buyer's interactions with advertisers on the
site. Seller
disclaims liability for Buyer's
interaction with other visitors or members of the website.
LIMITATION
OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT
Buyer agrees
that the Seller's total liability, even for
erroneous product content that causes damage to the Buyer, shall be
limited to
the purchase price paid for the product.
LIMITATION
OF LIABILITY FROM HARM CAUSED BY THE PRODUCT
Buyer agrees
that the Seller's total liability, even from
harm caused to the Buyer or to others from use of the product, shall be
limited
to the purchase price paid for the product.
LIMITATION
OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND
Buyer agrees
that the Seller's total liability, for any
other injury, harm, or tort of any kind, whether foreseeable or
unforeseeable,
shall be limited to the purchase price paid for the product.
LIMITATION
ON THE LIABILITY LIMITATION
Buyer
understands that some states do not allow limitation
of liability.
SPECIFIC
DISCLAIMERS AS TO 'RESULTS CLAIMS', 'INCOME CLAIMS', OR 'EARNINGS
CLAIMS' IN
SALES AND PROMOTIONAL MATERIALS OR PRODUCT
If claims about
results from using this product or if claims
about income or earnings resulting from the use of this product are
made, such
claims are true for the persons who made the claims, including claims
made by
the Seller about its own experience with the product.
However, Buyer
cannot simply rely on these statements as
being duplicable by Buyer because many factors affect results,
including just
dumb luck. Some
people buy this product
to make money and, in fact, make no money.
Some people buy this product and never read it or attempt
to implement
any of the moneymaking ideas. Some
folks
seemingly take to it like a duck to water and can't stop making money. Nothing promoted on this
website should be
construed as a 'Get rich quick' scheme.
The products Buyer is buying to learn how to make money or
products that
Buyer is buying to re-sell, have all been proven money-makers. The income and earnings
statements, if any,
tend to reflect the more successful cases and Buyer should not construe
this as
being the 'average' or usual success story.
As is true in much of life, real success usually requires
real work. Learning
about the internet is not terrible
work and it can produce very livable income if Buyer is willing to
learn his or
her craft and work at it steadily.
Even
part-time efforts may bring in some extra money each month. But it requires learning
skills that Buyer
may not have a background to easily learn and will certainly require
constant
education and, perhaps, even psychological motivation to keep Buyer
directed
toward his or her goals.
If the product
Buyer is purchasing is a physical product
promoted for a particular purpose and if the promotional materials make
claims
about the results from the use of this product, Buyer hereby warrants
his
understanding that there exists some probability that the product will
not
deliver those same results to any particular Buyer and that the refund
of the
purchase price (subject to the return of the product to the Seller) is
the full
remedy for any Buyer who feels the product did not deliver the results
claimed.
If the product
Buyer is purchasing is a membership or a
product ‘plan’ that claims to produce specific
benefits or results or that
otherwise involves a recurring fee, the Buyer has a right to terminate
the
membership or ‘plan’ upon notice to the Seller.
In this case, the promotional materials describing the
membership and
the ‘plan’ and the remedy for dissatisfaction shall
be controlling. If
the promotional materials say that part of
a fee is not refundable, then it is not.
Where this
disclaimer and claims made in sales and
promotional materials or the product are in conflict, this Purchase
Agreement
shall be controlling except, and unless, the Seller deliberately misled
the
Buyer or if such construction would cause material inequity. The sole burden is on the
Buyer to
substantiate any deliberate deception.
Buyer accepts the obligation to reimburse the Seller for
all court
costs, investigation costs, attorney fees, and all litigation-related
costs in
the event Buyer brings suit against the Seller and does not prevail in
court or
at arbitration.
No warranties
are made whatsoever about the amount of money,
if any, that Buyer will earn from this material or product or service
and Buyer
warrants an understanding that Buyer's only course of action is to test
this
product and material for the extent of the refund period and request a
refund
if Buyer is not satisfied prior to its expiration.
Buyer, again,
warrants an understanding that in any event,
for any reason, no matter the amount of damages claimed, as a material
part of
the consideration for purchase of this product, the maximum amount of
liability
shall be the purchase price of the product.
PRIVACY
POLICY
ACCEPTED
Buyer expressly
accepts the terms of the Privacy Policy of
Seller's website.
TERMS
OF USE
ACCEPTED
Buyer expressly
accepts the Terms of Use of the
Seller's website.
RIGHT
TO PUBLISH SUBMISSIONS
Buyer agrees
that Seller may publish for commercial purposes
the full or partial content of any and all communication with Buyer at
the
Seller's sole discretion.
INDEMNIFICATION
Buyer agrees to
indemnify Seller for any and all damage that
Buyer causes by using the product or information contained on this
website that
results in a damage award against the Seller.
RIGHT
TO STOP SELLING OR SERVICING PRODUCT OR MEMBERSHIP
Buyer agrees
that Seller has the right to discontinue the
product, the service, the membership at any time without notice.
Buyer
understands that the Seller may discontinue customer
service on a product or service at any time without notice.
You are
entering into a contract that may modify, restrict,
or eliminate rights you may have under the California Online Privacy
Protection
Act of 2003 (OPPA). Under
the Privacy
Policy and this Purchase Agreement you waive any right to view or
modify the
content of our database. You
waive any
right to force this business or website to divulge when or to whom your
information may have been provided to third parties.
In the event the website elects at its sole
discretion to release information to you, you must clearly identify
yourself to
the website as the named customer who has previously purchased from the
website. We are
doing this to protect
information being inadvertently provided to fake customers who may have
intentions to harm the real customer.
The required identifying information may include credit
card info,
social security numbers, notarized copies of state issued id, or other
id
sufficient to allow our counsel to feel comfortable about releasing
information
– in the event we elect to divulge it at all.
Additionally, this purchase agreement, as part of the
consideration
required to purchase from this website, requires that you agree to use
the
American Arbitration Association exclusively in any claim arising from
the
Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts
of the
state of
ARBITRATION
As part of the
consideration that the Sellers requires,
Buyer agrees to use binding arbitration for any claim, dispute, or
controversy
("CLAIM") of any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use issues.
Arbitration
shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the date a
dispute is
submitted to the American Arbitration Association.
Information about the American Arbitration
Association, its rules, and its forms are available from the American
Arbitration Association,
In no case
shall the Buyer have the right to go to court or
have a jury trial. Buyer
will not have
the right to engage in pre-trial discovery except as provided in the
rules; you
will not have the right to participate as a representative or member of
any
class of claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of
appeal.
The prevailing
party shall be reimbursed by the other party
for any and all costs associated with the dispute arbitration,
including
attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION
AND VENUE
If any matter
concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, Buyer agrees to that
the sole
and proper jurisdiction to be the state and city declared in the
contact
information of the web owner unless otherwise here specified. In the
event that
litigation is in a federal court, the proper court shall be the closest
federal
court to the Seller's address.
APPLICABLE
LAW
Buyer agrees
that the applicable law to be applied shall, in
all cases, be that of the state of the Seller.
NOTICE
Buyer herewith
agrees to receive Notice of Changes,
Litigation, Service of Process, Cancellation, Termination, and
Modification of
service or product at the email address provided to Seller on the
ordering
page. Further,
Buyer agrees that the
right to contact Buyer concerning legal notice shall not be terminated
by
previously submitted 'unsubscribed' notices and specifically agrees
that any
notification to cease contact shall not be binding upon the Seller in
regards
to Notice of Change, Litigation, Service of Process, Cancellation of
Product or
Service or Membership or Subscription, Termination of a program,
product or
website, or Modification of the terms of service or product. Additionally, the Buyer
grants Seller
irrevocable right to contact him or her via mail or telephone
concerning any of
these issues irrespective of other rights the Buyer has to sever
contact with
Seller.
COSTS
The prevailing
party to any arbitration or litigation will
be entitled to collect attorney fees and all other costs of the
arbitration or
litigation, including filing fees, investigation fees, collection fees,
and
travel expenses from the other party.
MODIFICATION
This Purchase
Agreement cannot be modified in any manner
between the Seller and this Buyer unless modifications are made in
writing
signed by both parties. However,
the
Seller may modify this Purchase Agreement at any time for other Buyers
without
notice to the instant Buyer.
ENFORCEABILITY
OF PROVISIONS
In the event
that some provisions, terms, conditions of the
Purchase Agreement are held to be invalid or unenforceable, the
remainder of
the provisions that are enforceable shall control.
Additionally, Buyer and Seller agree that, if
any provision is found to be invalid or unenforceable, the arbitrating
panel
will construe such provision to the maximum extent that it might be
found to be
valid or enforceable.
WAIVER
OF BREACH
The Seller's
waiver (failure to enforce) any term of this
agreement shall not be construed as a modification or an amendment to
this
agreement or constitute a waiver of other breaches.
SELLER
CONTACT INFORMATION
The Seller of
this product is:
Todd Wesley
2000
Todd@biz4anyone.com
FINAL
ACCEPTANCE
By taking the
affirmative step of purchasing of a product,
service, or membership, you, the Buyer, attest that you have fully
read,
understand, and accept the terms of this Purchase Agreement contract,
and
warrant to the Seller that said affirmative digital acceptance shall be
deemed
to be the same as if you had affixed your signature to this Purchase
Agreement
contract.
This
“Purchase Agreement” is ©
2003-2007 by Mining Gold Corporation and Nevada Processing Center, Inc. (888) 214-3349, and is
fully licensed for use
by this website. If
you wish to lawfully
use this Terms of Use on your website, contact
support@internetlawcompliance.com for
licensing information or visit legal
documents website.